Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from sources in Indonesia regarding the killings of demonstrators at Trisakti and Semanggi, Jakarta in 1998/99 (See Further: UA-23-2002).
For years, Indonesian human rights NGOs, the victims and their families have been struggling for the establishment of an ad hoc human rights court, which under Indonesian law is the only way to obtain legal remedy for gross human rights violations committed before the enactment of the Law on the permanent human rights court in 2000. The establishment of an ad hoc human rights court requires a parliamentary recommendation and a presidential decree.
The National Human Rights Commission (Komnas HAM) conducted an inquiry into these cases and submitted its report to the Attorney General in 2002, concluding that they constitute gross violations for which elements in the Indonesian police and military are responsible.
However, the Attorney General has continuously refused to follow up on the inquiry and conduct an investigation into the killings in preparation for the possible establishment of an ad hoc human rights court. Besides petty technical reasons, the Attorney General justified his inaction on the grounds of a recommendation by the Indonesian parliament, which stated that the killings at Trisakti and Semanggi did not constitute gross violations of human rights. Last week, this recommendation was revoked.
The AHRC urges the Attorney General to follow up on the Komnas HAM report and conduct an independent investigation. Moreover, the AHRC urges the Indonesian parliament to confirm the revocation of the Third Commissions recommendation and to recommend the establishment of an ad hoc human rights court for the killings of Trisakti and Semanggi.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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BACKGROUND INFORMATION:
On 12 May 1998, nine days before the resignation of dictator Suharto, students held a demonstration at Trisakti University, calling on Suharto to resign and demanding democratic reform. When the police opened fire on the protesters, four students from Trisakti University, namely Elang Mulia Lesmana, Hafidin Royan, Heri Hartanto and Hendriawan Sie were killed. Including protesters from other universities, a total of 681 victims were injured during these days of protest. In late 1998, a military court declared six police officers guilty of the shootings, and in 2002 nine members of the Bomb Squad/Regiment II of the Police Mobile Brigades were sentenced by the military court.
At Semanggi, the first incident, commonly referred to as Semanggi I, occurred between 8 and 14 November 1998, when 18 students were killed and 109 persons injured during a demonstration demanding the new president to deal with the economic crisis. Four of those killed were Teddy Mardani, Sigit Prasetya, Engkus Kusnadi and BR Norma Irmawan.
In a second incident at Semanggi in September 1999, known as Semanggi II, 11 people were killed during protests against a planned declaration of emergency, one of whom was Yap Yun Hap. Additionally, 217 people were injured.
In 2003, a military court trial was opened to prosecute those responsible for the killings at Semanggi II. However, two years later, the trial has not come to any verdict.
The military courts have failed to prosecute those higher-ranking military officials ultimately responsible for the killings, and have alternatively only dealt with petty perpetrators. Disappointed with the results of the military trials, the victims of the incidents of Trisakti, Semanggi I and Semanggi II, their families, and human rights organizations kept demanding the establishment of an ad hoc human rights court. The Indonesian Act No. 26/2000 Concerning Human Rights Courts establishes four permanent human rights courts which are authorised to handle gross violations of human rights. To try gross violations of human rights that were committed before its enactment, the law provides the possibility of establishing an ad hoc human rights court. This requires a parliamentary recommendation to the president, who then is authorised to establish an ad hoc human rights court per decree. The victims demand the establishment of such a court which should prosecute those responsible for the killings, including especially the higher-ranking officials in the Indonesian military and police who did not directly carry out the shootings, but hold command responsibility or were otherwise involved.
On 16 June 2001, the Indonesian National Human Rights Commission (Komnas HAM) formed a commission to investigate the killings at Trisakti, Semanggi I and Semanggi II known under the Indonesian acronym KPP HAM TSS. On 27 July 2002, this commission submitted a report to the Attorney General which named 56 suspected perpetrators and concluded that the killings constitute gross violations of human rights.
The Attorney General, who is responsible to investigate gross violations of human rights in preparation for prosecution before a human rights court, refused to follow up on the report. Besides citing petty legal technicalities, the Attorney General justified his refusal to follow up on the Commissions report by referring to a recommendation of a temporary Special Parliamentary Committee on Trisakti and Semanggi, which on 27 July 2001 had stated that the killings did not constitute gross violations of human rights.
However, last week, on 30 June 2005, this recommendation was revoked by the Third Parliamentary Commission on Law and Human Rights. It is now necessary that the Indonesian parliament confirms this revocation in its plenary meeting, the debate on which will probably take place in August. Subsequently, on the basis of Komnas HAMs conclusion, the parliament must recommend the establishment of an ad hoc human rights court for the gross violations of human rights committed at Trisakti, Semanggi I and Semanggi II, which can then be established per presidential decree. Meanwhile, the Attorney General must finally follow up on the Komnas HAM report and conduct an impartial investigation into the case in order to be prepared for and create pressure to establish an ad hoc human rights court.
SUGGESTED ACTION:
Please send two separate letters. The first letter should be sent to the Attorney General, urging him to conduct an investigation into the killings of Trisakti, Semanggi I and II. The second letter should be sent to the chairman of the Indonesian parliament, urging the parliament to confirm the Third Parliamentary Commissions revocation of the recommendation of the Special Parliamentary Committee on Trisakti and Semanggi, and to recommend the establishment of an ad hoc human rights court for this case. Also, please send copies of the letters to other relevant authorities in Indonesia, as well as to UN organs and foreign governments.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
1. Sample letter to the Chairman of the Indonesian parliament:
Dear Mr. Agung Laksono,
Re: Attorney General fails to investigate the gross violations of human rights committed at Trisakti and Semanggi; Parliament must recommend the establishment of an ad hoc-human rights court.
I am writing to you on behalf of the victims of the gross human rights violation that occurred at Trisakti and Semanggi in the years of 1998/99. I am grieved to learn that after seven years of struggle, the victims and their families have received no justice at all, and that the Indonesian Peoples Representative Assembly is responsible for this injustice.
According to the information I have received, about 33 persons were shot and many more injured by Indonesian police and military officers during demonstrations at Trisakti university on May 12, at Semanggi between November 12 and 14, and at Semanggi in September 1999. Those killed at Trisakti were Elang Mulia Lesmana, Hafidin Royan, Heri Hartanto and Hendriawan Sie. Among the 18 persons killed at Semanggi between November 12 and 14 were Teddy Mardani, Sigit Prasetya, Engkus Kusnadi and BR Norma Irmawan. Among the 11 people killed in September 1999 was Yap Yun Hap. The military trials that handled the killings of Trisakti and Semanggi II disappointed the victims and their supporters, as they only dealt with petty perpetrators, but not with those responsible on a higher command level. Hence, the victims of Trisakti, Semanggi I and Semanggi II (TSS) kept demanding the establishment of an ad hoc human rights court for their case, which is the only way for them to achieve justice.
After conducting an inquiry into the killings between June 2001 and July 2002, the National Human Rights Commission (Komnas HAM) concluded that the shootings of TSS constitute gross violations of human rights for which the Indonesian police and military hold responsibility. However, the Attorney General refused to follow up on the inquiry, justifying his inaction on the basis of the recommendation by the Special Parliamentary Committee on Trisakti and Semanggi which had state that the shootings did not constitute gross violations of human rights. I appreciate that this recommendation has been revoked by the Third Parliamentary Commission on Law and Human Rights on 30 June 2005.
I urge you to ensure that the revocation is confirmed by the plenary assembly of the Peoples Representative Assembly. Moreover, I call on you to do your utmost to bring justice to the victims of TSS by ensuring that the Peoples Representative Assembly recommends the establishment of an ad hoc human rights court for the killings of Trisakti and Semanggi, as stipulated in Law No. 26/2000.
I look for your immediate intervention into this matter.
Yours sincerely,
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PLEASE SEND A LETTER TO:
Agung Laksono, H.G.
Chairman
Peoples Representative Assembly
Jl. Jend. Gatot Subroto
Jakarta 10270
INDONESIA
Telp. + 62 (0)21 5715 925/ (0)21-8191327
Fax. +62 (0)21 5715 373; 021-8191327 (Home)
E-mail: humas-dpr@dpr.go.id
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2. Sample letter to the Attorney General:
Dear Mr. Abdul Rahman Saleh,
Re: Attorney General fails to investigate the gross violations of human rights committed at Trisakti and Semanggi; Parliament must recommend the establishment of an ad hoc-human rights court.
It has come to my attention that the perpetrators of the gross violations against human rights that were committed at Trisakti and Semanggi 1998/99 are enjoying impunity without any fear of being prosecuted thanks to your deliberate inaction.
According to the information I have received, about 33 persons were shot and many more injured by Indonesian police and military officers during demonstrations at Trisakti university on May 12, at Semanggi between November 12 and 14, and at Semanggi in September 1999. Those killed at Trisakti were Elang Mulia Lesmana, Hafidin Royan, Heri Hartanto and Hendriawan Sie. Among the 18 persons killed at Semanggi between November 12 and 14 were Teddy Mardani, Sigit Prasetya, Engkus Kusnadi and BR Norma Irmawan. Among the 11 people killed in September 1999 was Yap Yun Hap. The military trials that handled the killings of Trisakti and Semanggi II disappointed the victims and their supporters, as they only dealt with petty perpetrators, but not with those responsible on a higher command level. Hence, the victims of Trisakti, Semanggi I and Semanggi II (TSS) kept demanding the establishment of an ad hoc human rights court for their case, which is the only way for them to achieve justice.
After conducting an inquiry into the killings between June 2001 and August 2002, the National Human Rights Commission (Komnas HAM) concluded that the shootings of TSS constitute gross violations of human rights for which the Indonesian police and military hold responsibility. The report was submitted to you on 27 July 2002. However, you refused to follow up on the inquiry, justifying your inaction on the basis of the recommendation by the Special Parliamentary Committee on Trisakti and Semanggi which in June 2001 had stated that the shootings did not constitute gross violations of human rights. On 30 June 2005, this recommendation was revoked by the Third Parliamentary Commission on Law and Human Rights.
It is time that you follow up on the Komnas HAM inquiry and conduct an impartial investigation into the gross violations of human rights committed at TSS. I urge you to investigate the killings and verify that they constitute gross violations of human rights so that a momentum is created leading to the establishment of an ad hoc human rights court. It is unacceptable that the perpetrators of these atrocities have enjoyed impunity for seven years, and I urge you to begin your investigation now, as a first step to bring justice to the victims.
I look for your immediate intervention into this matter.
Yours sincerely,
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SEND A LETTER TO:
Mr. Abdul Rahman Saleh
Attorney General of Indonesia
Attorney General's Office
Jakarta
INDONESIA
Fax: +62 21 720 8557
PLEASE SEND COPIES OF BOTH LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President
Republic of Indonesia
Presidential Palace
Jakarta Istana Negara
INDONESIA
Tel: +62 21 384 5627 ext. 1003
Fax: +62 21 345 7782
2. Mr. Hamid Awaluddin
Minister of Justice and Human Rights
Uahi Utoyo Usman S.H.,
Menteri Kehkiman,
JI. H.R. Rosuna Said Kav. 6-7
Kuningan, Jakarta Selatan
INDONESIA
Fax: + 62 21 525 3095
3. Mr. Abdul Hakim Garuda Nusantara
Chairperson
KOMNAS HAM [National Human Rights Commission of Indonesia]
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel: +62 21 3925230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
4. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
Att: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
E-mail: lventre@ohchr.org
5. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Att: Ms. Julie De Riviero
Room: 3-042
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (general)
E-Mail: jderiviero@ohchr.org
6. Dr. Bernard Rudolf Bot
Minister of Foreign Affairs
PO Box 20061
2500 EB The Hague
THE NETHERLANDS
Tel: +31 70 3486486
Fax: + 31 70 3484848
E-mail: dpz@minbuza.nl
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
